Proof, further, when to be taken Proof of claims in limited-liability procedure Record on appeal, what to be omitted from Remedies in cases of assault or beating Remedies, in claims for pilotage or collision Remedies, in suits on bottomry bonds Remedies, in suits on maritime hypothecation Reopening default decrees Requisites of libel in instance causes Requisites of libel of information Right of trial courts to make rules of practice Right to bring in party jointly liable Rules of practice, right of trial courts to make Salvage-remedies Seamen's wages-materialmen-remedies Security on cross libel ... Ship, how appraised, sold, or bonded Stipulations for costs Stipulations, how given Suits in personam, process in-arrest in same Suits in rem, process in Surplusage or scandal, exceptions as to Third parties, monition to, etc. Travel of witnesses Verification of answer, how obviated Verification of claim, etc. Wages of seamen, etc. What either party may object to answering Witnesses, travel of 1198 45 52 57 49 49 49 8 43 41 15 14 18 17 16 13 39 22 21 44 56 44 40 18 13 50 12 24 6 2 10 35 9 47 33 23 13 30 47 APPENDIX IV. Supreme Court of the United States. OCTOBER TERM, 1920. IN MEMORIAM CHIEF JUSTICE EDWARD DOUGLASS WHITE. Mr. Justice McKenna said: “GENTLEMEN OF THE BAR: This empty chair, and the sombre drapery upon it, announce that since the last sitting of the court a grievous affliction has come to the country and to us, an affliction which to some of us, and, it may be, to all of us, can never have complete solace. A great life has ceased to exist; one replete with achievements,-achievements in many fields of endeavor, all typical and demonstrative of ability and merit, of which, to adopt the words of another, 'it would be difficult to say anything that would transcend the bounds of a just and decorous eulogy.' Eulogy, however, will be the purpose and appointment of another time, and of other lips than mine. To mine now is the humbler and sadder deputation to express the sorrow of my brethren and myself at the death of our Chief Justice. But, expressing a more poignant and personal sorrow, may I not say, at the death of our associate in duties, our companion in council, our friend and intimate. He was all of these to us, and by them animated and directed our work; his precedence veiled under a considerate courtesy, our intercourse with him made a real enjoyment. I use the word 'enjoyment' because I speak in retrospection,-speak of a time upon which sorrow had not cast its shadow. "I hope I shall be pardoned these personal considerations. I do not overlook or underestimate the greater abilities that attracted the nation's commendation in his life, and has caused the nation's sorrow in his death,-a sorrow in which we participate. But his faculties need not be distinguished; they were comprehensive in their action, had connection and purpose, were as manifest in private life as in official life. "In private life he was a gentleman in the best sense of that much-abused word. He was considerately kind and courteous, and not in passing show, for he was incapable of artifice or dissimulation. "In official life he had a high and earnest sense of duty, and duty to a judge has a special incentive, its object is justice, and justice to the fullness of its definition: 'The constant and perpetual wish to render to every man his rights.' This wish was ever in the Chief Justice's mind, its insistent motive and animation. And in this - duty to the individual serious questions came,-questions of the validity of laws and Executive Acts, and the ordination of the powers of the United States and the states, granted or reserved to them, respectively, by the Constitution. To the questions thus presented the Chief Justice directed a consideration proportioned to their immediate and ultimate effect, the public welfare depending upon them. He realized, as all of us must realize, that the necessity of passing upon them marks the place and power of the Federal judiciary in our scheme of government,-the condition, it may be, of its stability and permanence, preserving always the splendid conception of the Constitution,—one sovereignty constituted of many,-it being supreme within the sphere of its powers, they being supreme within the sphere of their powers, resulting in governments, national, and state, competent to encounter and resolve the problems incident to or emergent in the lives and affairs of a people. "This is of the past in barest outline-What of the future? Anticipating it, I see no shadow on his fame, no lessening of his example, nor of the impression his life and services have made upon the country. I venture comparisons. I make full concession of the recognized and illustrious merit of those who have preceded him. I make full admission, in assured prophecy, of the abilities of those who will succeed him; yet, considering his qualities and their exercises, I dare to say that, as he has attained, he will forever keep, a distinct eminence among the Chief Justices of the United States. "In testimony of his worth, in tribute and respect to his memory, the court will adjourn until to-morrow at 12 o'clock." May 31, 1921. APPENDIX V. Supreme Court of the United States. OCTOBER TERM, 1920. IN MEMORIAM JAMES D. MAHER. Mr. Justice McKenna said: "GENTLEMEN OF THE BAR: It is my sad office to announce that another sorrow has come to the court in the death of Mr. James D. Maher, its clerk,-a sorrow following close upon that of which this empty chair is testimony,-a sorrow having particular emphasis, and we are impelled to its expression and manifestation. "Our association with him was personal and official. Where personal, he exhibited an attractive courtesy; where official, he impressed a sense of ability and that trust could be reposed in him. "His connection with the court began over a half a century ago; to be exact, in 1865, as a page; and from that humble beginning he rose successively to be junior clerk, deputy clerk, and clerk. By this advancement his ability was availed of as much as rewarded, and it was justified to the last moment of his service,-service ending only with his life. "What more need be said? The successive promotions proclaim his merit; verbal enunciation or eulogy of it is an unnecessary supplement. I, however, venture some particulars. Among other powers he had the power of taking pains, and that in high degree. It was a constituent of his efficiency which gave an assurance of exactness and confidant reliance upon whatever he did or was to do. "And he thought nothing a trouble; he was prompt, therefore, to grant any request or obey any direction, heightening thereby his courtesy or duty. In this I am repeating the appreciation of our Chief Justice, who, in greater degree than the rest of us, had occasion to demand or receive the aid of Mr. Maher, and could make, therefore, an exact estimate of him and his services. And, of course, his exact and comprehensive knowledge of the procedural precedents and practices of the court was of inestimable service to the members of the Bar, and he was always ready to render that service. "One other word in summary of his merit and our appreciation of it: In private life he was as exact to fulfil his duties and obligations as he was in official life; and his example and services will remain with us a cherished and intimate memory; to those who succeed us they will be an instructive tradition." June 6, 1921. APPENDIX VI. Supreme Court of the United States. OCTOBER TERM, 1920. ORDER. Mr. Solicitor General Frierson presented the Hon. Harry M. Daugherty, Attorney General of the United States, and it was ordered that his commission be recorded. March 9, 1921. APPENDIX VII. Supreme Court of the United States. OCTOBER TERM, 1920. ORDER. The Reporter having represented that, owing to the number of decisions at the present term, it would be impracticable to put the reports in one volume, it is, therefore, now here ordered that he publish an additional volume in this year, pursuant to § 226 of the Judicial Code, approved March 3, 1911. June 6, 1921. |